Allgemeine Geschäftsbedingungen der Heli-Züri AG

For the transportation of people and/or cargo arranged through Heli-Züri AG, Volketswil.

TRANSPORTATION OF PEOPLE OR LUGGAGE
Note: The following text is translated based on the German version of Terms and Conditions. This is meant for information purposes only. In any case the German version shall apply.

1. Contract conclusion and content / payment of the flight

1.1 Upon the reservation of a flight the passenger closes a contract with Heli-Züri
AG. The terms and conditions are part of that contract.

1.2 Heli-Züri AG confirms the reservation, if possible, in writing, via fax or e-mail. Prior to the flight, Heli-Züri AG will issue a flight ticket. In case the flight has been reserved for multiple passengers, Heli-Züri AG will issue a collective flight ticket. These conditions also apply if Heli-Züri AG did not have the chance to issue any flight ticket for reasons of external circumstances (e.g. boarding in the field).

1.3 The flight ticket also enables for the transportation of luggage. Heli-Züri AG will transport the luggage provided that it does not exceed the place available as well as it is consistent with the safety regulations. The luggage may be no bigger than 80 x 40 x 30 cm in dimension, and be no heavier than 20 Kilos per passenger. These dimensions also apply in case of a journey with multiple passengers in a group, although may the weight limits be calculated together (see section 3.5).

1.4 Upon the reservation the passenger will inform Heli-Züri AG about objects of value or any delicate objects that will be transported in his luggage.

1.5 Out of security reasons (in particular weight limits) it might be necessary to transport luggage separately. In this case Heli-Züri AG reserves the right to transport luggage by road to the appointed destination. The costs for this transport will be borne by the passenger.

1.6 Heli-Züri AG is obligated to transport the passenger to the appointed destination within the time and for the price stipulated. Prices may change in case of alterations made by the passenger concerning either the flight route or the time limit.

1.7 The passenger will pay the airfare on the date stipulated by Heli-Züri AG, which will be given after the conclusion of contract. Heli-Züri AG reserves the right to refuse transportation, if payment is required before the flight, and has not been paid by the passenger up to that day.

1.8 Heli-Züri AG may use a different type of helicopter than stipulated, or mandate a third party to perform the flight. This will, however, have no effect on the costs payable by the passenger.

1.9 Heli-Züri AG is in no way obligated to accept or compensate expired vouchers and gift vouchers.

2. Delay and cancellation/ deviations of the arranged flight route

2.1 Out of technological, meteorological or operational reasons, the flight might be delayed, or must be cancelled. Heli-Züri AG is not liable for any damage that might occur as a result of delays that happen through no fault of Heli-Züri AG. Should Heli-Züri AG be responsible for a delay, it will assume limited liability. In such a case, only direct damages will be compensated for by Heli-Züri AG, excluding secondary damages. Furthermore, the provisions of The Swiss Air Transportation Regulations (Schweizerische Lufttransportreglement) apply.

2.2 In case of a delay caused by the passenger during take off, Heli-Züri AG reserves the right to cancel the flight after a delay of 30 minutes. In that case the passenger may not raise a claim for a refund of the payment, and therefore must pay the whole airfare if the payment has not been executed up to that day.

2.3 In case of delays of more than an hour or cancellations by Heli-Züri AG that are through no fault of the passenger, Heli-Züri AG will refund the airfare. Round trips and flights made with vouchers will be postponed. Further claims by the passenger are excluded.

2.4 Is Heli-Züri AG forced to abort a flight out of technological or meteorological reasons, it will transport the passenger to either the appointed destination, or return the passenger to the point of departure with means of transportation chosen by Heli-Züri AG. In case of returning the passenger back to the point of departure, Heli-Züri AG will execute the flight at a later date. In case of bringing the passenger to the appointed destination with any means of transportation, potential additional costs will be covered by Heli-Züri AG. Further claims by the passenger are excluded.

2.5 Is it pointed out to the passenger before takeoff by Heli-Züri AG that, out of meteorological reasons, the flight might be aborted on the way, but the passenger still wishes the flight to be executed, the passenger will be forced to cover the costs to reach his destination, should the flight be aborted on the way. In that case the passenger still owes the total amount concerning the flight, however, saved fees and fuel costs may be deducted from the total.

3. Liability concerning damages of persons and luggage

3.1 Heli-Züri AG is liable for damages of either persons or luggage as stipulated by the Air Transportation Regulations (Lufttransportreglement) and the applicable national and international rules. In case of a transport being the subject of the regulation (EG) 2027/97, Heli-Züri AG is liable to the extent of 100’000 special drawing right, regardless to which cause an accident may have occurred. For any further costs concerning the damage, Heli-Züri AG is liable for only evidenced damage, unless Heli-Züri AG can provide evidence that measures have been taken, or could not have been taken in order to avert this damage. In case of an accident in which persons are damaged, Heli-Züri AG will provide immediate aid according to regulation (EG) 2027/97. In severe cases Heli-Züri AG is liable to the extent of 15’000 special drawing right.

3.2 Offers Heli-Züri AG, to either the passenger or his/her dependents, a higher damage compensation than regulated by law, or is the proof of exoneration being waived, the offer and the waiver only apply to the damaged, and not to any recovered social insurance institutions, or any other insurances. Furthermore, are claims by recovering insurances to be reduced by the benefits, which the passenger or his/her dependents have been provided with by Heli-Züri AG.

3.3 In addition to the liability insurance, Heli-Züri AG possesses a motor passenger personal accident insurance, which may provide compensation in case of an accident with damage to individuals. This compensation will be used by Heli-Züri AG to deduct eventual liability claims in connection with the damaged.

3.4 In case of damage to luggage in connection with transportation, which is under the law of the Swiss Air Transportation Regulations (schweizerischen Lufttransportreglement), Heli-Züri AG is liable for the amount of CHF 72.50 per Kilo. Additionally, Heli-Züri AG is liable for the amount of ca. CHF 30 with 17 SDR (special drawing rights) per Kilo, concerning other flights (in particular international transportation). Heli-Züri AG is not liable for damages to luggage, if Heli-Züri AG can provide evidence that measures have been taken, or could not have been taken, in order to avert the caused damage.

3.5 If the luggage is not weighed by Heli-Züri AG prior to the flight, and no weight is noted on the flight note, the following means apply:
Ski gear: 15 Kilo of luggage, which will be transported in the stowage of the helicopter.
Carry-on luggage: 20 Kilo per luggage, to which the amount of CHF 1’450 as limit of liability per passenger applies.

3.6 Heli-Züri AG is liable for the transportation of valuable or delicate luggage according to section 3.4, even if Heli-Züri AG has been informed about the luggages’ contents by the passenger according to section 1.4.

3.7 Heli-Züri AG is not liable for any damages that might occur during transportation executed by third parties.

3.8 Heli-Züri AG is not liable for the actions by third parties, in particular for its passengers’ actions. Opposes a passenger the pilots or the aircrews instructions, the passenger will be held liable for any consequences and damages that may occur.

4. Pilot authority and operations with helicopters from third parties

4.1 The Pilot is the authorizing officer of the aircraft and its passengers. The passengers must follow the pilots and aircrews instructions.

5. International flights/ Travelling documents

5.1 In case of international flights the passenger is responsible to bring along the required documents himself, such as travelling documents (Passport) and visas. The passenger must pay potential costs or penalties that may result in a denial of either entry or exit by a countries authority if the required documents are not at hand.

6. Applicable law and place of jurisdiction

6.1 The transportation of passengers by Heli-Züri AG is subject to Swiss Law with no provision of reference to international law. Place of jurisdiction is the legal residence of Heli-Züri AG.